Human Rights First (HRF), an organization dedicated to safeguarding human rights in the US, published a fact sheet Monday outlining the findings of an investigation into US border and asylum policies. The investigation ultimately revealed ways in which the policies are harmful to Black asylum seekers.
The fact sheet indicated that the recently enacted asylum ban is central to many of the issues facing Black asylum seekers. The ban purports to “encourage migrants” to enter the US through the required procedures by “introducing a rebuttable presumption of asylum ineligibility for certain noncitizens.” Essentially, the ban sets a default assumption of ineligibility based on how people entered the US and whether they applied for asylum in advance. According to a statement from HRF, the ban disqualifies people from asylum based on factors that contradict principles of US refugee law and are “irrelevant” to the asylum seekers’ experiences in their home countries.
Monday’s fact sheet indicated that because of the ban, “Black asylum seekers and migrants are left stranded in Mexico.” As a result, they are subjected to increased discrimination by Mexican authorities at the border. HRF also reported that the limited language options in the CBP One app, which allows asylum seekers to make appointments at entry ports, effectively exclude many African asylum seekers. Only those migrants with appointments are permitted access at the entry ports. HRF has found that an inability to use the CBP One app has led to “irregular crossings by African asylum seekers in need of protection,” which “puts them at disparate risk of the asylum ban’s unjust penalties and returns to harm.” The findings further show that Haitian asylum seekers face increased wait times because they are often forced to use a limited, lottery-based system to obtain appointments. During this waiting period, they face heightened discriminatory barriers to basic human needs, such as housing, nutrition, and healthcare.
Accompanying the fact sheet is a set of recommendations addressed to the Biden administration regarding border and asylum policies in the US. HRF urged the administration to strengthen migration pathways, uphold asylum law, better support humanitarian efforts, implement a more just adjudication process, end policies implemented by the Trump administration and provide case management services to families seeking asylum.
HRF posted about its findings on X (formerly Twitter), stating that US border policies “deny most African asylum seekers equal access to asylum at southwest border ports of entry & punishes those who cross between ports of entry to seek safety.”
